United States DC Circuit

The Surface Transportation Board's decision, reaffirming its determination to exclude consideration of product and geographic competition from the market dominance analysis in rail rate cases, was reasonable under the Staggers Act.

Appellate Information

• Decided 10/08/2002
• Published 10/08/2002

Judges

• Before:  SENTELLE and RANDOLPH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Samuel M. Sipe, Jr., argued the cause for petitioner.   With him on the briefs were Cynthia L. Taub and Louis P. Warchot., William L. Slover, John H. LeSeur, Christopher A. Mills, Peter A. Pfohl, John M. Cutler, Jr., Michael F. McBride, Bruce W. Neely, Nicholas J. DiMichael, Federic L. Wood, and Andrew P. Goldstein were on the brief for intervenors.


• For Appellees:
  
• Thomas J. Stilling, Attorney, Surface Transportation Board, argued the cause for respondents.   With him on the brief were Ellen D. Hanson, General Counsel, Craig M. Keats, Deputy General Counsel, and John P. Fonte and Robert B. Nicholson, Attorneys, U.S. Department of Justice.